Monday, June 10, 2019

Knowing Your Miranda Rights


What you don’t know absolutely will hurt you. The Miranda Rights were intended to protect an individual against making statements that will incriminate themselves. It also was intended to put the burden of proof on the prosecution. 

Invoking the Miranda Rights means that all interrogations must cease. The Miranda Rights also means that you understand that you can have an Attorney present while you speak to a Detective. You have the right at any time during an investigation to “plead the fifth” and refuse to answer questions. The Miranda Rights also inform an individual that they have the right to a court appointed Attorney if you cannot afford one. 

You have every right to NOT answer any questions that law enforcement ask you. You have the right to have an Attorney present during the questioning. You have the right to a Court appointed Attorney if you cannot afford one. These protections are there to protect you from the type of incident that occurred in When They See Us. 

Ironically The Miranda Rights were named after Ernesto Arturo Miranda (March 9, 1941 – January 31, 1976). According to Wikipedia, Miranda was a laborer whose conviction on kidnapping, rape, and armed robbery charges based on his confession under police interrogation was set aside in the landmark U.S. Supreme Courtcase Miranda v. Arizona, which ruled that criminal suspects must be informed of their right against self-incrimination and their right to consult with an attorney before being questioned by police. Miranda was convicted after confessing to kidnapping and rape without being informed of his rights. His case went up to the Supreme Court where his conviction was overturned and the right to remain silent and have an Attorney present were subsequently renamed The Miranda Rights. 

A side note: Police do not have the right to enter your property withput a warrant and the warrant only allows them to search a specific area of thd house. If you allow law enforcement in your house- anything they see, they are able to seize snd use against you. Same for searching the car, although there are certain circumstances when cops are able to search your car (smell of marijuana, suspicion of firearms). 


What you don’t know absolutely will hurt you. And what you say absolutely will be used against you in a Court of law. 

No comments:

Post a Comment